TERMS AND CONDITIONS
These terms and conditions apply to all purchases: Merchandise items, Sample Pack downloads and digital releases on the Upward Records website, proprietor Benjamin Klügel which are carried out by private customers. Private customers as defined here are natural persons, as long as the goods they order cannot be attributed either to their commercial or standalone occupational functions.
2. A purchase agreement with us is only established when in the case of purchased sound recordings and merchandise items, we ship the product you have ordered and confirm shipping to you with a second email (shipping confirmation) or in a case where digital releases are purchased (music downloads), the download process is initiated.
3. Ordering process:
By clicking, the ordered items and downloads are placed in the shopping basket. The first time a customer views the contents of the basket, they must register once. As such, the customer is automatically forwarded to the user area. When registering, a user profile is compiled, to which you can add additional information voluntarily besides the required minimum details.
The customer is obliged to provide truthful details about him or herself. Registering under a pseudonym is not permitted. The customer should also provide a current valid email address.
Access to the user profile is password-protected. The customer may specify the password. He or she is obliged to keep it confidential and bears sole responsibility for any case of unauthorised use or misuse of their user profile.
Customers outside Germany should note that in addition to the final price and shipping costs, customs duty may be due on imports into the customer’s country.
During the ordering process you are forwarded directly to the PayPal log-in page. Please log into your PayPal account or set up a new account or guest account.
It is then up to you, whether you complete the payment by credit card, bank transfer or deduction from your PayPal account. In order to make a payment by credit card or bank transfer, you should have authorised this function previously in your PayPal account.
For further information about the PayPal payment system, please refer to Pay Pal Website.
During the ordering process you will be forwarded to enter your credit card information. After you pressed the "Buy Now" button Stripe validates your entered information and charges your card immediatley.
Your credit card information won't be saved on our servers.
For more information visit the Stripe website: Stripe Website
You may cancel your contractual declaration in writing (e.g. letter, fax, email) without giving reasons within 14 days or - if the item is sent to you before the expiry date - by returning the item. The term begins after receiving these instructions in writing but not before the merchandise arrives at the recipient (with recurring delivery of similar goods not before the first partial delivery is received) and not before fulfilment of our notification obligations as per article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB plus our obligations as per § 312e paragraph 1 clause 1 BGB in conjunction with article 246 § 3 EGBGB. To adhere to the cancellation term it is sufficient to mail the cancellation or the item promptly.
The cancellation should be sent to:
Achtern Diek 7
If a cancellation is effected, the services received by both parties are to be returned and any benefits derived from them (e.g. interest) to be surrendered. If you are not able to return the service received wholly or in part or only in a deteriorated condition, you must provide us with compensation for the appropriate value as required. When submitting items this does not apply if the deterioration of the item is due exclusively to testing it - as you would have been able to in a retail store, for example. Otherwise, you can avoid the obligation to compensate for deterioration of an item that occurs due to it being used as intended, if you do not use the item as your property and do nothing that would adversely affect its value.
Items ready to be shipped in packages are to be returned at our risk. You will bear the costs of the return if the merchandise supplied corresponds to what you ordered and if the price of the item to be returned is no more than €40 in value or if the item has a higher price and at the time of cancellation you have not yet rendered the equivalent service or a contractually agreed partial payment. Otherwise, the return is free of charge to you. Items that are not ready to be sent as packages will be picked up. Obligations to refund payments must be fulfilled within 30 days. The term begins for you when you mail your cancellation statement or the item and for us when we receive it.
End cancellation instructions"
2. Exclusion of cancellation rights No cancellation right exists as per § 312 d paragraph 4 no. 2 BGB in distance contracts for the delivery of audio or video recordings or of software, if you have unsealed the supplied recordings. Similarly, no cancellation right exists for music downloads, as these are by their very nature unsuitable for return shipping, § 312 d paragraph 1 no. 1 BGB.
2. If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently unfeasible, Upward Records’s liability is excluded. Upward Records will refund any payments already made without delay.
3. Upward Records may also refuse to deliver if this requires an effort that in considering the content of the purchase agreement and the precepts of good faith is grossly disproportionate to the customer’s interest in fulfilling the purchase agreement. Upward Records will refund any payments already made without delay.
2. For returns please use the stamped addressed return stickers enclosed with the merchandise supplied. This is the simplest and most economical shipping method. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping option, you may in some circumstances be obliged to pay us the increased costs compared to a lower cost shipping method.
a) Damage that has occurred due to misuse or improper use by the customer,
b) Damage that has occurred because the products have been exposed to harmful external effects, (in particular extreme temperatures, damp, exceptional physical stress, fire).
2. Upward Records does not give any guarantee for a fault that has occurred due to improper repair by a service provider not authorised by the manufacturer.
3. If the type of remedial action the customer desires (replacement or repair) requires service that in view of the product price in considering the contract and the precepts of goodwill is grossly disproportionate to the customer’s performance interest - whereby particular consideration is to be given to the value of the purchased item without defects, the significance of the defect and the question of whether it is possible to resort to the other method of remedial action without significant disadvantages for the customer - the customer’s claim is restricted to the other method of remedial action respectively. Upward Records’s right to refuse this other type of remedial action under the abovementioned precondition as well remains unaffected.
2. The personal liability of Upward Records’s legal representatives, assistants and employees is excluded for damages caused by them due to slight negligence.